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News/Business. Chris Hansen, Hoda Kotb, Josh Mankiewicz. (2012) A scuba diving trip ends in tragedy; officials identify a man's remains more than 20 years after his mysterious disappearance. (HD) (CC) (Stereo)

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  WRC    Dateline NBC    News/Business. Chris Hansen, Hoda Kotb, Josh Mankiewicz.   
   (2012) A scuba diving trip ends in tragedy; officials...  

    October 8, 2012
    3:05 - 4:00am EDT  

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to dream. to create. to work. if you're going to do something. make it matter. we are back. we're thinking ahead as well to the vice president showdown. the weekly standard has the cover here previewing the big debate. the debate smackdown. ryan feeling good, and biden maybe looking afraid here. robert gibbs, how do you see this shaping up? are we going to see biden overcompensating, being more aggressive than he might have otherwise? >> i don't think that vice president biden will overcompensate. the question is which paul ryan do we get? do we get this same sort of, you know, chameleon we saw in mitt romney who literally walks away from virtually everything that his campaigned on for two years in the space of less than two
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hours. i know that vice president biden is anxious and ready to do this and the president is anxious to get back to it as well. >> how do you size it up? >> i think ryan is one of the brightest people in congress. i think he knows an immense amount of facts. but i suspect he's going to be respectful of biden. i mean, there's a generational difference here that i think will lead ryan to not give an inch, but to not be very hostile. >> i was just going to say history shows when there's an age difference, the elder statesman wins the vice presidential debates. cheney and edwards. cheney was able to almost smack down edwards. benson and quayle, famous. joe biden, everybody talks about the gaffes on the trail, but he won most of the democratic primary debates in 2008. >> but this is a high wire act with joe biden. they are going to be pouring cola down his throat. they'll have a couple of days of bad polling. you have ryan who is very impressive but hasn't done this
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before. and biden who is a high wire act in an attack mode, which isn't always his natural place. it will make for a good -- >> if i can ask you this, hilary. there is an immediate reaction to these debates about, wow, how do you feel? there is so much information. and this was such a sconstant substantivive debate between romney and the president. you can't score that at all. there is an initial impression and a second impression that develops over time. how does that factor? we've seen it. they are going to try to grind down romney on the idea that he is a chia chameleon, who do you trust, to he really performed well. >> well, the group of undecideds showed that they didn't necessarily change their vote one way or the other. i think when you have -- paul ryan is not going to be able to do what mitt romney did. he was the chairman of the budget committee, for goodness sakes. it would be an affront to him to
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make up all of these numbers. >> let me switch to a different performance this week that got a lot of attention. i had the chance to sit down with a familiar face on this program, arnold schwarzenegger, former governor of california. recent revelations about his personal conduct have hurt his reputation, to say the very least. you have noticed he's been out this week with a new book called "total recall:my unbelievable true story" in which he details what he says are his successes and his failures. governor schwarzenegger, whack welcome back to "meet the press" meet. . >> thank you. it's good to be back again. >> let's start with politics. you're still a high profile voice in the republican party. what do you make of the race? can governor romney win this
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election? >> i think that the race is wide open. and i think that there's a lot of things that change all the time especially close to the election. i think either one of them can win it. it really depends. >> are you a naive optomist when it comes to your belief in post partisanship? you see what goes on in this town. i know it's a big work of your job as a professor and your institute at usc. how does post partisanship happen when you see the polarization in washington and how poorly things work here? >> i think seen firsthand, when you bring both parties together, you can do the people's work if you see yourself as a public servant rather than a party servant. i think you can get much more done. we have seen it. just look even during the big battles and the fights between the democrats and republicans. when ronald reagan came into office and looked at social security. he appointed a bipartisan commission and they studied it for two years. and in 1983, they moved forward
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to pass legislation to reform social security. so those are the kind of things that you can do. i've seen it when i was governor. when we brought democrats and republicans together, we did the infrastructure. we made the commitment to rebuild california. we did a lot of progress in reducing the greenhouse gases and making a commitment to 33% of renewables in the year 2020. and stem cell research. on and on. and as soon as in 2005 when i thought i could go off by myself, and it's my way or the highway, just like the republican party, we're going to grind it out, it failed miserably. so i learned first hand is that the only action is when both parties come together. >> former governor of california. you understand the demographic shifts in the country very well. the latino population not just in california but throughout the southwest, throughout the midwest and the rest of the country, the reality is that as a party republicans are doomed, if they don't find a way to
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court hispanics in a way to deal with issues that hispanics care about, the full range of things. what do republicans do? what does romney do? what does the party do? you've been in this situation. >> well, one of the great senators, senator mccain, has for years been a strong believer in immigration reform. he has worked to get a reach across the aisle with kennedy. they both had a really great plan. and i think the plan should be reasserted, because it doesn't make any sense that for the last 10 years, maybe before i even became governor, they have talked about immigration reform. and every single time they get into it they say, well, we have an election coming up. well, hello? i mean, the history of america that every two years there's an election. you know, every four years there's a presidential election. so there's nothing new. you've got to get the people's work done. we need immigration reform. we've got to solve this problem. because it doesn't secure the border.
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and we have to go and make a decision, what do we do with the people that are here now? they have not yet gotten in because they are scared. and that is what is really to me frustrating in a way because, i mean, you have political leaders and you come to capitol hill, you can't be scared of things in the hopes that you get re-elected. and that becomes the number one interest. your number one interest is you should not worry about keeping your position and keeping your seat. think about it. every police officer, every firefighter, every one of our brave men and women that go overseas, they risk their lives. their lives, every day. they never know if they are coming home to see their family again. and our politicians are afraid of losing their seat. i mean, it takes a little bit more balls to run this job and to do this kind of a profession. that's how you get things done. so that's what we need. political courage to go in there and to fix the problem. there are five, six major problems that we have in the united states, and they need to be fixed, and they should stop
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pointing fingers at each other and bickering because that is not going to build a new road or make our air clean. >> in your book, you lay bare your personal life and your struggles here. look, infidelity, having affairs, is something that's been surmountable for political figures and public figures in this country. you took it a step beyond. you fathered a child with the family housekeeper. publicly humiliated your wife maria shriver over and over again. do you think you lost credibility as a high profile political voice in the country? >> i don't think so. but let me tell you, if the people are angry at me, i deserve that. there was a major screw-up. and as you said, i have hurt my wife. i have hurt the kids. i think they went through a lot of pain because of that. and i take the responsibility and i will do everything that i can. if someone asks me what are you going to do in the next few years, i would say that i
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professionally will continue with my acting and with the political stuff. and with my institute at usc. but at the same time, i will be working as hard as possible on my relationships and my family to bring the family together again. >> are you a man of good character? >> i think so. >> even after everything you've done? >> look, i'm sure you made mistakes. i'm sure a lot of people out there made mistakes. i made my fair share of mistakes, and that's what my book is about. it's not just about the victories. and about the great things that i have accomplished. my book is an honest book that i also talk about my failures. in the movie business, my failures. the political failures. and also my personal life, the failures. >> but it's interesting, you know, part of the book i would imagine and part of interviews you've done throughout the week where you talk more personally about your divorce and the break-up of your marriage and the affairs, do you think you come across as a sympathetic figure? because a lot of people saw the
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"60 minutes" interview when you were asked about affairs and you said i'm not perfect, and i have to think a lot of people are thinking, i just don't think that's going to fly. >> i had no intentions to make it fly. that's the last thing i think about. nor have i any intentions to do an interview with you today and sound sympathetic. people should make up their own mind about all this stuff. i'm not going to tell the people what they should think about me. i'm a person that reaches out and is working hard to give back to this country, and i am a person that has been very successful and that has tremendous will and tremendous vision for the future. i chased my visions. i am a very inspirational immigrant story. but at the same time, i also had that side, the dark side, of making those kind of mistakes. and that kind of personal failure. and i'm the first one to admit to those things. i'm not looking for sim paympat
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all. people should make up their own minds of what they think of me. >> what would you like your sons to learn from your mistakes, about their relationships with women in their life and just generally? >> i think that i have the most unbelievable children, and they, you know, have spent so much time with me and spend even more time with their mother. and maria as you know is an extraordinary person, an extraordinary woman, an outstanding mother. and so i think that our children are going to go in the right direction because of that. i mean, they had to really -- >> but are there specific lessons that you'd like your sons to learn? >> i think they're not going to make the same mistakes. i think i'm an inspiration to my children, the stuff that they have accomplished, and they also recognize the pain that i have caused them because of what i've done. >> i want to before you go end on more of a political note. back when you were running for office, an issue here at nbc. you were on "the today show"
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back in 2003, and there was a notable exchange that you write about with matt lauer. and i want to play a piece of that tape. >> are you going to make your tax returns available to the press? >> say again? >> are you going to make your tax returns for the past several years available to the press? >> i didn't hear you. >> apparently we are losing audio with arnold schwarzenegger in los angeles. arnold, thank you for your time. we appreciate it very much. let me switch over to -- >> now, governor, you actually heard just fine, didn't you, at that particular moment? >> not that i can remember. >> here's what you wrote about that exchange that we just played you with matt lauer. as he pressed me for specifics on how to bring back the california kple and when i would release my tax returns, i realized i was unable to answer. i finally had to resort to the
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grou groucho marx trick of, i'm sorry, i can't hear it. it was my lamest performance ever. >> maria was really mad at me. she said, you need to think about what you are going to say when you do those interviews. and i said you better believe it. there's a lot of things i have to learn now that i'm on the campaign trail. >> would you run for political office again? you told me in our last interview, never say never. >> well, never say never. but i don't see that in front of me. usually, i have a very clear vision of where i want to go. and i think that my vision now is to work very hard on this usc schwarzenegger institute that will address the issues that i have addressed in sacramento. and also will address the issues that we could not complete. because you go in there as governor with a huge list of goals that you want to achieve. a very ambitious list. and if you achieve half of it, you're lucky. and that's exactly what happened to me. i achieved half of the things, but the other half i didn't. so i want to continue to work on those things. >> we'll leave it there.
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arnold schwarzenegger, governor, thank you. >> thank you. >> our whole interview, by the way, is on our website. press pass conversation. that is at meetthepress@msnbc.com. hilary rosen, your reaction? >> well, i would just say quickly the one thing i liked that he said was working across the aisle. actually president obama worked with governor schwarzenegger to refine the admission standards, which is saving a lot of fuel today. but shame on arnold schwarzenegger. he has the nerve to sit there and say that he -- you know, nothing is more important to him than his family, yet he wrote this book, you know, embarrassed his family further, and is keeping it out there on the front pages. i'm kind of appalled that he has the nerve to even suggest it matters to him. >> you worked for him. do you think he can get over this in any fashion? >> i loved the lauer interview, because he hired me the next day. look, he's a good friend of mine. so is maria. it's a tragic thing. and he made a horrible stupid
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mistake, which he is taking responsibility for. i'm not sure what else he can do. but what he did was really bad and he knows it. >> well, he is promoting it. >> well, people can read it and think what they think. >> people always ask me why do you love politics and all this stuff. and for better or for worse, it's because you get interesting characters that take office like arnold schwarzenegger. you can't predict it. you couldn't figure out what was going to happen. so it does seem his priorities are off skew. but, you know, that's his life. that's his decision. that's his business. and that's his bedroom. but he is sort of the epitome of why i love american politics. you never know who's going to pop up or how they are going to get there or how they are going to leave the stage. it's a quintessential what makes it interesting in media. >> does he have any credibility as a political voice in the country? >> i don't think so. but i think he and maria are each examples of extraordinary
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citizenship. what she is doing with alzheimer's is going to have a huge impact and make a real difference. on the other hand, here is this austrian kid from a small town and ends up making movies and being a great investor in california real estate and then a multimillionaire governor and one time was the highest box office draw in the world. and i agree. you said to me this is what makes america such an astonishing country. is he imperfect? yes. is he likely to be seen as an adviser on morality? no. is he likely to ever run for office again? no. but just as part of what is the mosaic that makes us truly an astonishing country, both he and maria are part of that mosaic. >> and just a horrible and tragic personal story, for everybody involved, we're going to leave it there. thank you all very much for your discussion. stay tuned for the vice presidential debate on thursday, 9:00 p.m. eastern. ♪
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i hate ta think that could happen. >> a dive instructor and his wife on a trip to the tropics. until a scuba adventure turns into disaster. >> he surfaces screaming. it's shelley. >> she never reached the surface. what happened some 80 feet down? prosecutors called it murder. >> this is the classic motivation. the other woman. >> yes. >> a wife lost in the deep. >> fighting for my life. >> a husband becomes the accused. >> you turned off her air
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supply, pulled her under water. did that happen? >> absolutely not. >> now, hold your breath for the twist. >> that was when the most surreal moment of my life. >> "the last dive." welcome to "dateline," everyone. i'm lester holt. it's a case some call the perfect crime. the setting sure was perfect, an island in the caribbean. a getaway vacation for a stressed out couple from new england. but only one of them came back alive. prosecutors would claim it was cold-blooded murder. let's see what you think happened in those warm tropical waters. because even after two juries had spoken, this case had a whole new ending. here's dennis murphy. >> for most of us who enjoy spending time in the water and an occasional swim, a dunk in a back yard pool will suffice. but for the more adventurous,
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only total submersion in the open ocean will do. a ticket to paradise. >> it's a majestic world. it's just awe inspiring. >> it's incredibly peaceful. you're down there with the fish. you look around you and it's amazing wonder. the closer you look, the more beautiful it gets. >> all of your senses are getting overloaded. the visual colors are phenomenal. >> david swain and his wife shelley tyre shared that passion for scuba diving. >> get me in the water, that's where i belong. >> so to escape a winter in '99 they got on a sailboat. if a carefree vacation is what you want, it doesn't get much better than this. >> was shelley looking forward to it? >> yeah. it was a different experience for her. sbl she was a big fish person. >> yeah. anything with critters. that was what she was about.
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>> she liked to count fish under water. he liked to photograph. what could go wrong? turns out a lot. they were around tortola when it happened. >> immediately noticed her breathing apparatus was out of her mouth. >> i heard a call there was a diving accident and they needed assistance. >> the body appeared to be lifeless. >> what happened in 30 minutes time 80 feet beneath the surface would be examined and replayed in people's minds for the next decade. how was it that an experienced diver like shelley tyre could be lost just like that? and when it happened, where exactly was her husband a master dive instructor who was her diving buddy on that dive? he would land in the center of a far reaching investigation. and tonight he speaks exclusively with "dateline" about the latest chapter. >> i'm in shock again. >> and answers the tough
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questions. >> i don't know what happened. i wasn't there. >> give me a theory. >> i don't have a theory. >> it's a decade-long story that began here in coastal rhode island far from the beautiful islands of the caribbean. it was the early '90s when they met. he was the dive instructor and she was the customer out on the boat. >> it was a rocky day. little bumpy. couple of the big tough guys got seasick so i paired with her and went back in. >> so she had spunk. >> she had a lot of spunk. i was showing her fish in a way she hadn't seen them before. that's what got things started. >> shelley tyre was a 5' nothing tall teacher. he showed her where he pursued his lives professor. teaching school and kayaking through his dive shop in rhode island.
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here he is in 1997 giving a kayak lesson. >> it's just a very easy figure eight stroke. swain was known to his friends and customers as an honest businessman and active member of the community. and likewise the people in shelley's circle raved about her. school parents like colleen. >> she was effervescent. she was always on the move, on the go. >> shelley who wore a bumblebee costume to an event once was seen as nothing less than a gift by the staff at thayer academy where she was a teacher. >> when she spoke to you, she looked you in the eye. she didn't care. the world fell away. she was focused on you and listening to what you had to say. it was great. >> and always by her side, her partner tori. her love was ready for a pupil
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who had a bad day. they married in 1993. they didn't have children together but she endured herself to his two from a previous marriage. >> did she fit in okay? >> the kids loved her. >> what was that thing between you? >> a love of adventure and nature. you couldn't find somebody that had more liveliness and determination. >> if there was a marital speed bump, it was shelley's week day commute. the private school where she worked was a long ways from coastal rhode island. she was probably seeing more of tori the dog than her husband. >> i think an ungotful amount. >> at least four hours behind the wheel. >> yes. >> did that start to get to her? >> there were times it would get to her. she would be up at the crack on dawn and not get home until late at night. without question, we were struggling about the time apart. >> spring break of 1999 would be
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shelley and david's time to escape the grind and enjoy together what they loved best. the water. >> come spring break that year, she and her husband were going to the virgin islands and dive. one of the most beautiful oceans of the world. >> exactly. >> but of course that trip, that last dive, would go so his or her thebly wrong. how could anyone make sense of the deeply sad and mysterious death of shelley tyre? >> when we come back, disaster under water. >> he surfaces screaming. >> what had happened beneath the surface? >> he's got another diver with him. i realize it's shelley. >> when "the last dive" continues. [ female announcer ] imagine an air freshener
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sailing, diving, post guard beaches. how shelley tyre looked forward to it. they had chartered a sailboat with their friends. the other couple would be bringing along their young son. a week of diving and sailing whichever way caught their fancy.
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upon arrival here in tortola, they went to get scuba gear. the women went for their boat the caribbean soul. and to this day no one in that group can say that anything was amiss. and it was by all accounts the leisurely week in the caribbean all hoped for. they dove the british islands' greatest hits. on the morning of march 12th, they set a course for cooper island and the site known as the twin wrecks. dive instructor keith royal has been down to the twin wrecks hundreds of times. >> they are two wrecks sitting right next to each other bow to stern. and there's a small gap in between them. the allure to that is the fish life. >> david swain and his first christian were both certified scuba instructors. they had over a thousand dives
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under their belts together. and shelley had recorded more than 350 dives. now, divers with comparable experience tells you diving the twin wrecks site with minimal currents is about as challenging as a walk in the park on a sunny day. at about noon that day, the caribbean soul tied up at the twin wrecks. in the sometimes busy tourist ocean, the friends on board would have the dive site all to themselves. then david and shelley made their dive plan. >> this particular time, it was decided that we'd go down first, shelley and i. >> david swain says he and shelley made a routine entry into the water and then made their way down over the reef and across the open sand to the twin wrecks dive site. >> as we routinely did, probably 150 times, she went off with
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herself and counted fish. and i went off and took pictures. >> he said they went their separate ways. >> when i get pretty much around the wreck, circumnavigate the wreck, i don't see her anywhere. i think she's around the wreck or she's gone off somewhere else. so i head off to the reef looking for a better photo thing. >> what's your recollection of the last time you saw her? >> as best i can recall, it was when we parted ways on the wreck. >> he says when they parted about ten minutes into the dive, shelley appeared fine. but somehow at some point in what should have been a pleasant little dive before lunch, something went gravley amiss. david swain said he surfaced alone and spoke to christian. >> my first question is shelley back yet. he said no. i said okay. looks like you're going in.
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>> at that moment is there any alarm? >> no. he wasn't alarmed, i wasn't alarmed. >> christian then started his dive. he would later give a statement that between the anchor line and the wrecks, he found something odd. shelley's fin like this one sticking up out of the sand. when he got closer to the wrecks he found shelley herself lying on the ocean floor face up, eyes open near one end of the boats. he quickly grabbed her and brought her to the surface. >> and then christian does come back. >> he doesn't come back. he surfaces screaming. >> what did you hear in his voice. words or alarm? >> the word was emergency. >> swain hopped in the dinghy and sped over to him. >> when i get close, i do see that he's got another diver with him. then as i get closer i realize it's shelley. >> how much trouble was shelley in. >> the idea she was unresponsive right away, that was a huge problem. >> they both attempted cpr, but her body did not respond.
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david trained as an emt said she's gone. >> the part that really got me was her pupils were just flat out saucers, not doing anything. that's what broke my heart and brought this whole calamity to where we are today. >> back on the boat swain radioed for help. the first response was keith royal. >> the scene on caribbean soul was somber. shelley was laying in the cockpit and everybody was very distraught. >> back on the island, shelley was pronounced dead. an autopsy was conducted at a local funeral home. the cause of death, drowning. the medical examiner ruled it an accident. swain was free to leave tortola and return to his small island of jamestown, rhode island. to settle back into his routine he held for years. running his dive shop. but now without his shelley. >> years later he would return
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to tortola but this time in handcuffs. coming up, called an accident, could that drowning had been deliberate? a dramatic reenactment on tape of that day in the deep. >> we found out what we wanted to find
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at the phone and saw there were 12 messages, i thought it meaned somebody died. >> colleen remembers the day thayer academy lost its headmaster and beloved friend shelley tyre. >> how did you take the news? >> i cried for three months in a row. it was hard. it's a hard thing to think that someone -- that could happen to someone. >> and not just anyone. but someone so full of live as
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vivacious, energetic shelley tyre. what had happened to cause her to drown while scuba diving off tortola? back home in rhode island, the newly widowed david swain shared few details. even with good friends like local marina owner bill munga. >> do you remember what you said? >> yeah. i gave him a hug. there were tears for both of us. >> but the talk here on rhode island was that david swain wasn't acting the way a grieving widower should. he seemed detached at her memorial service to some. to others it looked he was living it up on the $600,000 he received after her death. and a few months after losing his wife, he started dating again. a story began to buzz on main street about how shelley had been found under water missing some of her diving gear. some locals thought it didn't add up. >> was the town divided then? >> certainly if you went up and
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down the avenue here you would find, you know, people on both sides of the issue. >> could it be? was it even remotely possible that david swain had had something to do with his wife shelley's death? that was the question burning in the minds of shelley tyre's parents richard and lisa. ever since swain had returned from tortola with their daughter's body, the tyres demanded answers from their son-in-law. answers that weren't forthcoming. >> the first moment i heard it, i kept saying over the phone to him, but you had the buddy system. you were there. you had the buddy system. you were there. and he just kept saying i wasn't there. >> so they're saying you're the expert. you're the buddy. you're the caretaker of our daughter. >> they were wondering -- >> why'd you leave her. >> yeah. why did i let this happen. >> his first face to face meeting with them ended in a shoulding match. and for the next three years, there's suspicion of foul play.
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so much so that in 2002 her parents filed a wrongful death suit claiming swain was involved in shelley tyre's death. >> nothing that happens in the court takes care of our pain and our loss. >> i'm very, very emotional, yes. >> the tyres hired experts to investigate shelley's drowning. after traveling to tortola, they formulated this scenario which they reenacted on videotape. that david swain attacked her under water, approaching her from behind, shutting off her air supply and holding her down until the drowned. it was a shocking allegation. one that was never seriously challenged. because david swain's lawyer fell ill and swain himself chose not to appear in court. >> why didn't you take the civil suit -- it seems to outsiders more seriously. it looked like you kissed this off. and it was a very serious event. >> in the civil world, he who
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has the most money will almost always win. and here not only did they have the most money, i had no lawyer. so where was there any chance of me winning? >> at the end of the trial, though, david swain did make a surprise appearance. and a last ditch effort to defend himself. >> it's a grand story, but it's just not true. >> he then called his soul witness, his daughter jennifer. who described how her father showed genuine emotion when shelley was lost. >> he told us the story about shelley's drowning. you were tearful and angry. >> but it wasn't enough. >> have you reached a verdict? >> we have. >> david swain was found responsible for shelley tyre's death. the jury awarded her parents $3.5 million, though swain couldn't pay because he'd filed for bankruptcy months before. >> we have now found out what we wanted to find out, what exactly
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happened. >> the friends who'd stood by him throughout were shocked by what they saw as nothing less than a miscarriage of justice. >> there was no cross examination. there was no -- i mean, nothing went on. it was totally a one-sided trial. >> but that civil verdict did catch the attention of authorities a world away. down here in tortola, the british virgin islands. officials here had ruled tyre's death in 1999 an accident. but the fine print read an accident unless proven otherwise. that judgment against swain gave authorities here fresh ammunition. tortola reviewed the evidence from the civil case and made an extradition request. eight years after her death, u.s. marshals showed up at the dive shop and arrested swain for the murder of shelley tyre. >> david swain is headed back to the caribbean. this is no vacation. >> swain is being held without bail. >> this is miracle this is happening. >> this time swain wouldn't take
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any chances. he would launch a vigorous defense. but he'd now have to plan it from his new home. a stifling cell in tortola's prison. a fortress high up on a bluff facing the ocean where the view can't be beat but comes at a price no one wants to pay. when we come back, a criminal trial begins with some surprising revelations. another diver in the life of david swain? >> so this is the classic motivation, the classic ingredient of murder sometimes. the other woman. >> yes. >> when "the last dive" continues. [ female announcer ] imagine an air freshener that can instantly make your home fresh and inviting. introducing glade expressions fragrance mist. a squeeze at the neck of the bottle releases a fragrant mist, eliminating odors. light layers of fresh cotton and italian mandarin that instantly fill the air with fragrance. with a stylish design, it can be left out. so you can add long-lasting fragrance whenever you need it. ♪ and it's available in an easy-to-replace refill.
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david swain had spent two years in a small prison in tortola. >> the only time i was out of my cell was one or two hours a day i could walk around. when they'd let me out, i'd walk for that entire time. >> but now swain would finally have his day in court. the charge murdering his wife shelley tyre on a scuba dive ten years before. he pleaded not guilty and with the stakes so much higher this time, criminal, not about money. but maybe decades in prison. swain came prepared with caribbean counsel and from
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boston. >> it's going to be a lengthy trial. they couldn't to call witnesses for another 12 days. >> but shelley tyre also had their lawyer in tow. he was now helping tortola prosecutors. swain's attorney. >> the prosecution wasn't going to conduct any further investigation. they had something that was neatly packaged in their view and they presented that in the criminal case in tortola. >> the civil suit became a criminal suit. >> exactly. >> no cameras were allowed in court but the proceedings could be audio recorded. he spoke of motive. >> this man here, his wife is killed. and all his dreams came true. all his dreams came true. >> dreams, he would argue, about insurance money. more than $600,000 and another woman in swain's life.
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a lethal scheme executed, he said, in an underwater setting. the autopsy had shown no underlying medical reasons for shelley to have drowned. so the key to what did happen to shelley tyre was her diving gear. how it was damaged. the snorkel missing the mouthpiece. the pin pin that held the strap in place, gone. that damage happens rarely in the world of scuba, experts said. and only when great force is applied to the equipment. >> they have never, ever seen this stuff broken like this during a dive. never ever. >> and what about shelley tyre's lone flipper all by itself stuck in the sand toe first, it's heel strap pulled back? the prosecution said it could have ended up in that position if shelley's foot was yanked out of it. the prosecution put forth the same argument they said in the
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civil trial. that her scuba gear in such disarray meant only one thing, that she had been attacked under water. >> what this shows is a continued struggle with a human being. >> and the prosecution says the only human on that dive with shelley was her husband and dive buddy david swain. but swain had always insisted he was nowhere near shelley when she died. rather, he and shelley had gone their separate ways after reaching the wrecks. >> i have a vague recollection of circumnavigating the wrecks, poking around the wrecks, and seeing shelley still interested in looking at something around there. and that's the last time i saw her as i swam off towards the reef. >> but now the prosecutor said that swain's own words in this taped deposition proved he was still with shelley when she died. listen to how long he says he was at the wrecks before leaving shelley for the reef. >> how much time did you spend at the wrecks?
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>> not long. certainly less than ten minutes, but probably more than five. >> and after your five to ten minutes at the wrecks, what did you do? >> me anderred over to the reef. >> but that is around when she died. here's why laid out by experts. the experts said based on the amount of oxygen used up from her tank on the last dive, they estimated she took her last breath around eight minutes into the dive. meaning after eight minutes under water swb she drowned. the experts then said given swain's description of his dive, swain would have been right where shelley was right when she was drowning. >> obviously he was there with her. and further it goes to tell you that when he swims away according to him, loo b